KANTI LAHARIYA Vs. DINESH KUMAR SHARMA

JUDGEMENT

(1.) This application, under Sec. 528 of B.N.S.S., 2023, has been filed against order dtd. 28/3/2025 passed by IX Additional Sessions Judge, Gwalior (M.P.) in Criminal Revision No.83/2025 as well as order dtd. 19/2/2025 passed by JMFC, Gwalior in Unregistered Complaint Case No.0/2024.

(2.) It is the case of respondent No.1 that on 1/1/2024 he brought his daughter-in-law, who was due for delivery, to the clinic of Dr. Kanti Lahariya. She was admitted in the Sarvodaya Hospital, Gwalior on 1/1/2024 on the advice of Dr. Kanti Lahariya. Initially, Super Deluxe Room No.4 was allotted to her but later on she was shifted to Super Delux Room No.2. Daughter-in-law of respondent No.1 remained hospitalized from 1/1/2024 to 3/1/2024 and the cesarean operation was performed by the applicants on 2/1/2024 and it is alleged that on account of negligence of Dr. Kanti Lahariya and Dr. Prashant Lahariya and their associate doctors, wrong treatment was given. On 2/1/2024, plasma was transfused in an incorrect manner. The plasma was given at about 05:05 pm and first unit was transfused within a period of ten minutes. When a query was made by complainant, then he was informed by Dr. Kanti Lahariya that one unit of plasma is always transfused within 10 to 15 minutes. Thereafter, second unit was transfused within 15 minutes and thereafter when third unit of Plasma was being transfused then certain injections were given to his daughter-inlaw. Thereafter, his daughter-in-law started feeling pain in her chest and difficulty in breathing and she started getting restless. Thereafter, Dr. Kanti Lahariya, Dr. Prashant Lahariya and their associate doctors informed that his daughter-in-law has suffered serious side effect of treatment and in case if cesarean operation is not performed immediately, then life of his daughter-in-law and her child would be in jeopardy. Accordingly, cesarean operation was performed by Dr. Kanti Lahariya and her associate doctors in a haste. After the operation, it was informed by doctor that on account of reaction even the child is facing difficulty in breathing and therefore he is required to be admitted in NICU of Link Hospital. Accordingly, on the advise of Dr. Kanti Lahariya and Dr. Atul Goswami, grandchild of complainant was hospitalized in Link Hospital where he remained hospitalized from 2/1/2024 to 13/1/2024. The daughter-in-law of complainant was shifted to Super Deluxe Room No.4. Whenever complainant enquired from Dr. Kanti Lahariya about his daughter-in-law and grand-child, then he was informed that both are hale and hearty and they would be required to remain under medical supervision for 36 to 72 hours. However, the treatment of his daughter-in-law was not done properly. On 3/1/2024, Dr. Kanti Lahariya and Dr. Prashant Lahariya made the complainant and his son fool by saying that there is shortage of blood. Later on, daughter-in-law of complainant was referred to Birla Hospital. When complainant reached Birla Hospital, Gwalior, then after examining his daughter-in-law, it was informed that she has suffered multipleorgan failure and ultimately she died in Birla Hospital on 15/1/2024.

(3.) It is submitted that complainant tried to give the aforesaid complaint to the police authorities but they refused to accept the same, accordingly, he sent the complaint to various authorities, details of which have been mentioned in the application filed under Sec. 175(3) of BNSS, 2023. It is submitted that when no action was taken by police then complainant filed an application under Sec. 175(3) BNSS, 2023 before the Court of JMFC, Gwalior. The JMFC, Gwalior, by order dtd. 19/2/2025 passed in Unregistered Complaint Case No.0/2024 allowed the application and directed the Police to register the FIR. Being aggrieved by the said order, applicants preferred a revision, which too has been dismissed by the Revisional Court by order dtd. 28/3/2025 passed in Criminal Revision No.83/2025.